The Attorney You Hire Matters

By
The Wilder Firm
|August 05, 2017

A recent report from the
American Bar Association illustrates the importance of hiring the right attorney to defend a criminal
charge. In that report, the main issue revealed is the lack of funding
for many public defenders all across the country, and what they are doing
to address it. These issues have been swirling about for many years, but
are just now coming to a head.

One of the first steps that happens in any criminal case is the appointment
of a defense attorney for the person accused of a crime. In many cases,
the defendant will hire an attorney, but when the accused cannot afford
an attorney, one is appointed by the state. This attorney usually comes
from a public defender’s office, and is provided at no charge.

Gideon v. Wainwright

This benefit to indigent defendants comes from the U.S. Constitution. As
most people know, one of the rights read to a defendant after being arrested
is the right to an attorney. This right was not always recognized by the
government. In fact, it did not become the law of the entire land until
about 50 years ago.

In the landmark Supreme Court ruling of
Gideon v. Wainwright, the court was tasked with resolving whether a poor defendant accused
and convicted of a felony in Florida should have been appointed an attorney.
At the time only poor defendants facing capital crimes were given attorneys.
But the court’s ruling changed that standard, and established a new one.

Under the court’s ruling in Gideon, it was a requirement for everyone
accused of a felony to have an attorney. The ruling from the court did
not come with any money, and the states were left to fund the new mandate.
Since then states have different systems for funding public defenders,
but each has its own challenges, and nearly all are strapped for adequate
resources.

Public Defenders Fighting for Funds

Because of the low funding and high number of cases, many public defense
offices are suing to get funds to pay for the defense of the indigent.
This has led to victories with different courts ordering more resources
to those offices, but much is left over that needs to be resolved. Because
the fight is taking place in the courts, it will be a long time before
(if ever) it gets resolved.

The takeaway of this case for someone facing a DWI charge is simple. It
matters who your attorney is is going to be. There are many issues that
can affect how your attorney defends your case. Like public defenders,
there are many private attorneys who have too many cases on their dockets
and who dedicate too few resources to the defense of their clients. In
some cases, an attorney just does not have the experience or ability needed
to properly defend a case.

As you consider who you will hire to be your attorney, take time to think
about these issues. At The Wilder DWI Defense Firm our name says it all,
and you can rest assured that we have the experience, resources, and ability
to aggressively defend your DWI.
Contact us today.

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Nothing on this site should be taken as legal advice for any individual
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